Rekha Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 53 of 2025

Rekha

Versus .....Applicant(s)
State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s)
Counsel for Applicant(s) : Ambuj Bajpai, Mool Chandra
Counsel for Opposite Party(s) : G.A.

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Court No. - 12

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HON'BLE KARUNESH SINGH PAWAR, J.

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The present bail application has been filed seeking anticipatory bail in case crime No.298 of 2024, under Section 309(4), 64, 333, 352, 351(3) of BNS, Police Station-Rampur Kala, District-Sitapur.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The Co-ordinate Bench of this Court vie order dated 22.01.2025 while granting interim protection to the applicant has passed the following order:-

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"1. Heard Sri Mool Chandra, learned counsels for the applicant and Sri Rajnish Kumar Verma, learned Additional Government Advocate for the State.

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2. Issue notice to opposite party No.2 returnable at an early date, for which, necessary steps be taken within a week.

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3. Office to proceed accordingly.

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4. This anticipatory bail application has been filed by the present applicant (Rekha) apprehending her arrest in Case Crime No.298 of 2024, under Section 309(4), 64, 333, 352, 351(3) of BNS, Police Station-Rampur Kala, District-Sitapur.

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5. Learned counsel for the applicant has submitted that the applicant has been falsely implicated as she has not committed any offence as alleged.

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NABAIL No. 53 of 2025

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2

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Attention has been drawn towards the impugned FIR, which has been lodged on 19.12.2024 for the alleged incident dated 13.12.2024, pursuant to the application being filed under Section 173(4) BNSS. The delay in filing the aforesaid application has not been explained. Mainly the allegation has been levelled against the husband of the present applicant, namely, Rajesh. Investigation is going on. The present applicant is ready to cooperate in the investigation. She is having her permanent address, therefore, there is no flight risk. She being a lady may be given the benefit of Section 480 BNSS, therefore, her liberty may be protected in the light of dictum of Apex Court rendered in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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6. Learned counsel for the applicant has stated that the present applicant shall co-operate in the investigation and shall not misuse the liberty of the interim anticipatory bail, if granted.

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7. Learned Additional Government Advocate has opposed the aforesaid prayer of learned counsel for the applicant but he could not controvert the aforesaid contentions of learned counsel for the present applicant.

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8. Let the counter affidavit be filed within a period of four weeks.

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9. List this case in the week commencing 24.02.2025, within top ten cases.

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10. Having considered the aforesaid submissions of learned counsel for the parties and having perused the material available on the record; the fact that the investigation is going on against the present applicant and the undertaking that she shall not misuse the interim protection of anticipatory bail and shall co-operate in the investigation properly, I find it appropriate that liberty of the present applicant may be protected till completion of the investigation or filing of the police report under Section 173 (2) Cr.P.C. in view of the dictum of Apex Court rendered in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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11. Therefore, in the meantime, it is directed that in the event of arrest the applicant (Rekha) shall be released on anticipatory bail in the aforesaid case crime number, till completion of investigation or filing of the police report under Section 173 (2) Cr.P.C., on her furnishing a personal bond in the like amount to the satisfaction of the arresting authority/ court concerned and two sureties of Rs.50,000/- each with the following

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NABAIL No. 53 of 2025

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conditions:-

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(i) That the applicant shall remain present before the Investigating Officer on 28.01.2025 at 11:00 A.M. to cooperated in the investigation and shall further cooperate in the investigation till filing of the police report, failing which this interim protection may be withdrawn on the next date.

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(ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without prior permission of the court;

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(iv) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial;

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(v) that the applicant shall appear before the Investigating Officer/ Trial Court on each date fixed unless personal presence is exempted;

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(vi) that in case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail;

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(vii) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. "

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Learned counsel for the applicant submits that applicant has not misused the liberty granted to the applicant. He has cooperated in the investigation and further undertakes to cooperate in the investigation.

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Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on.

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Without expressing any opinion on the merits of the case and considering the nature of accusation so also coupled with the undertaking given by the applicant that he will cooperate in the investigation as also the interim protection granted by this Court vide order dated 22.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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NABAIL No. 53 of 2025

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The application stands allowed.

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September 3, 2025 Saurabh Yadav/-

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(Karunesh Singh Pawar,J.)

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Rekha v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Rekha v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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